§ 575.304 Ineligible categories of employees

5 CFR 575.304An agency may not pay a retention incentive to an employee in—

5 CFR 575.304(a)(1)(a)(1) A position to which an individual is appointed by the President, by and with the advice and consent of the Senate;

5 CFR 575.304(a)(2)(2) A position in the Senior Executive Service as a noncareer appointee (as defined in 5 U.S.C. 3132(a)(7));

5 CFR 575.304(a)(3)(3) A position excepted from the competitive service by reason of its confidential, policy-determining, policy-making, or policy-advocating character; or

5 CFR 575.304(a)(4)(4) A position not otherwise covered by the exclusions in paragraphs (a)(1) through (3) of this section—

5 CFR 575.304(a)(4)(i)(i) To which an individual is appointed by the President without the advice and consent of the Senate, except a Senior Executive Service position in which the individual serves as a career appointee (as defined in 5 U.S.C. 3132(a)(4));

5 CFR 575.304(a)(4)(ii)(ii) Designated as the head of an agency, including an agency headed by a collegial body composed of two or more individual members;

5 CFR 575.304(a)(4)(iii)(iii) In which the employee is expected to receive an appointment as the head of an agency; or

5 CFR 575.304(a)(4)(iv)(iv) To which an individual is appointed as a Senior Executive Service limited term appointee or limited emergency appointee (as defined in 5 U.S.C. 3132(a)(5) and (a)(6), respectively) when the appointment must be cleared through the White House Office of Presidential Personnel.

5 CFR 575.304(b)(b) Notwithstanding any other provision in this subpart, an agency may—

5 CFR 575.304(b)(1)(1) Continue to pay a retention incentive to an employee whose position is moved into Schedule Policy/Career based on the terms of the service agreement and require the employee to fulfill that agreed-upon service period; and

5 CFR 575.304(b)(2)(2) Continue to pay a retention incentive to an employee whose position is moved into Schedule Policy/Career at a time when the employee is receiving a retention incentive without a service agreement, so long as the agency finds that the payment otherwise continues to be warranted in consideration of the factors set forth in § 575.311(f).